Special Magistrate_03-28-13_MinCODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
March 28, 2013 7:00 P.M.
Present: Amy Goodblatt, Special Magistrate
Also Present: Gayle Owens, City Attorney
Bonnie Howington, Code Enforcement Officer
Brittany Kidd, Code Enforcement Officer
Giselle Gonzalez, Code Enforcement Recording Secretary
1. CALL MEETING TO ORDER:
Special Magistrate Amy Goodblatt called the meeting to order at 7:00 p.m.
2. APPROVAL OF THE MINUTES FROM THE NOVEMBER 26, 2012 HEARING:
Special Magistrate Goodblatt approved Minutes of the January 24, 2013
meeting.
3. SPECIAL MAGISTRATE'S EXPLANATION OF PROCEEDINGS:
Special Magistrate Goodblatt explained the hearing process for the attendees.
4. ROLL CALL OF SCHEDULED CASES:
Special Magistrate Goodblatt did a roll call of the scheduled cases to determine
which Respondents were present.
S. SWEARING IN OF ALL WITNESSES:
Special Magistrate Goodblatt swore in all witnesses.
6. PUBLIC HEARINGS:
A. CEH 13-03-872 LDC, Art. X, Sec. 10.1.0 Construction Permit
FBC, Sec. 105.1 Construction Permit
US Bank TR X7801-013
201 N. Credo Street
Longwood, FL 32750
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
Respondents did not attend the Code Enforcement Hearing.
Code Enforcement Officer (CEO) Brittany Kidd indicated this case involves a
violation of LDC, Art. X, Sec. 10.1.0 Construction Permit & FBC 105.1 Permit
Required. CEO Kidd pointed out the Code states that no activity may be
undertaken unless activity is authorized by a construction permit.
CEO Kidd explained that on November 30, 2012 she observed what appeared to
be a new fence at the property. CEO Kidd proceeded to email Building Permit
Clerk Corrinne Fail to ask if a permit had been applied for 201 N. Credo Street.
Mrs. Fail confirmed there was not a permit for this property. CEO Kidd submitted
emails into evidence.
On November 30, 2012 CEO Kidd proceeded to issue a Notice of Violation (NOV)
to comply by December 7, 2012. The NOV was posted at the property and was
also certified mailed to the property owner.
On December 12, 2012 CEO Kidd received notification from Building Permit Clerk
Mrs. Fail that property owner had still not applied for a permit. CEO Kidd stated
that on December 12, 2012 she received the signed certified mail green card
back. CEO Kidd pointed out she was unable to read the signature. The signature
on the card was dated December 3, 2012.
On January 8, 2013 CEO Kidd issued a Notice of Hearing (NOH) which was
certified mailed to the property owner. CEO Kidd noted she received the signed
certified mail green card back. CEO Kidd was unable to read the signature. The
signature was dated January 31, 2013.
CEO Kidd stated she called the Building Department the day of the meeting,
March 28, 2013. She was informed that property owner had still not applied for
a permit.
CEO Kidd indicated that the City is asking that the Respondents be found guilty of
violating LDC, Art. X, Sec. 10.1.0 Construction Permit & FBC, Sec. 105.1 Permit
Required because there was a fence installed at the property without a permit.
CEO Kidd stated the City asks Respondents to be given thirty (30) days from
service of final orders to comply by obtaining a permit and having a final
approved inspection completed. If compliance is not met, the City asks that a
fine in the amount of two hundred and fifty dollars ($250.00) per day be
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Longwood, FL 32750
imposed until compliance is met. CEO Kidd explained that the City is asking for
an administrative fee of two hundred thirty five dollars and thirty eight cents
($235.38) be imposed to be paid within thirty (30) days of receipt of final orders.
CEO Kidd submitted Cost Recovery Worksheet which details the administrative
fee portion.
Special Magistrate Amy Goodblatt found Respondent guilty of violating LDC, Art.
X, Sec. 10.1.0 Construction Permit & FBC, Sec. 105.1 Permit Required by erecting
a fence without a permit. Respondent is to pay an administrative fee of two
hundred thirty five dollars and thirty eight cents ($235.38) within thirty (30) days
of service of final orders. Respondent has thirty (30) days from date of service of
the order to come into compliance. Compliance requires obtaining a permit and
having a final approved inspection completed. If compliance is not met,
Respondent shall pay one hundred and fifty dollars ($150.00) for each day the
violation continues to exist beyond the date set for compliance.
B. CEH 13-03-873 CC, Chap. 38, Sec. 38-141 High Grass &
Weeds
Young, Matthew & Tonia
326 Bonnie Trail
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
C. CEH 13-03-874 CC, Chap. 86-54, Storage of Inoperable
Vehicles
Stone, Ari
873 Seminole Avenue
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
D. CEH 13-03-875 LDC, Art. X, Sec. 10.1.0 Construction Permit
FBC, Sec. 105.1 Construction Permit
Casablanca, Hector & Jocelyn
153 Citrus Tree Lane
Longwood, FL 32750
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CODE ENFORCEMENT HEARING
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175 West Warren Avenue
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
E. CEH 13-03-876 CC, Chap. 86 Sec. 86-54 Storage of
Inoperable Vehicles
Elliott, Sandra
830 2"d Place
Longwood, FL 32750
Respondents did not attend the Code Enforcement Hearing.
Code Enforcement Officer (CEO) Kidd indicated this case involves a violation of
CC, Chap. 86, Sec. 86-54, Storage of Inoperable Vehicles. The Code states that
inoperable vehicles can be inside a storage building, garage, carport, side or rear
yard provided that they are enclosed and screened from the street(s) and all
abutting lots by a solid fence, wall, or healthy evergreen hedge. Only one
properly screened inoperable vehicle is allowed on any parcel designated as
residential. An inoperable vehicle means any vehicle that cannot be immediately
started and legally driven on a public street.
CEO Kidd stated that on December 27, 2012 she observed a red vehicle in the
side yard of the property. The vehicle did not have a tag. CEO Kidd issued a
Notice of Violation (NOV) to comply by January 3, 2013.
On January 4, 2013 CEO Kidd conducted a re -inspection. CEO Kidd noticed that
the red vehicle was still in the side yard, however it was backed in. CEO Kidd
conducted another re -inspection on January 22, 2013. CEO Kidd found the red
vehicle still backed in the side yard.
CEO Kidd indicated that a Notice of Hearing was served on Sandra Elliott on
January 29, 2013 by Officer Arciola of the Longwood Police Department.
CEO Kidd submitted into evidence photographs of the vehicle on the different
dates she conducted the inspections.
Special Magistrate Amy Goodblatt asked CEO Kidd how she knew the vehicle was
still inoperable if the car was backed in at the time of the re -inspections on
January 4, 2013 and January 22, 2013.
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
CEO Kidd confirmed she was unable to see if the vehicle had a tag at the time of
the re -inspections. However, she would imagine the Respondents would have
contacted her to notify if they had come into compliance.
Special Magistrate Amy Goodblatt explained she would be unable to find the
Respondents guilty because there was no clear evidence the Respondents did
not come into compliance at the time of the re -inspections.
City Attorney Gayle Owens indicated that the case is abated for the preparation
of a subpoena.
F. CEH 13-03-877 CC, Chap. 38 Sec. 38-141 High Grass &
Weeds
Ellison, Catherine
116 W Bay Ave
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
G. CEH 13-03-878 CC, Chap. 82 Sec. 82-32 Occupational
License
Longdale LLC
701 Industry Road, Unit 1
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
H. CEH 13-03-879 CC, Chap. 82, Sec. 82-32 Occupational
License
Thunderbowl Land Trust FBO
700 W. SR 434
Longwood, FL 32750
City Attorney Gayle Owens indicated that the City is withdrawing the case
because the Property Owner is working on coming into compliance.
I. CEH 13-03-880 LDC Art. VI, Sec. 6.7.6(c) Signs, Maintenance
Westlake Property Group
282 W. SR 434
Longwood, FL 32750
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
J. CEH 13-03-881 LDC Art. VI, Sec. 6.7.6(c) Occupational
License
Two Amigos/Palm Trading
400 E. SR 434
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
K. CEH 13-03-882 CC, Chap. 86, 86-83 Boat, Trailer and RV
Storage
Weed, James A., Jr. & Marcy
293 E. Long Creek Cove
Longwood, FL 32750
City Attorney Gayle Owens indicated the case was withdrawn as complied.
7. REPORTS -CASE UPDATES:
CEH 13-01-866
CEO Howington indicated the Final Orders have been satisfied, compliance has
been met and administrative fees have been paid.
8. UNFINISHED BUSINESS:
The Special Magistrate is to rule on the request of Mitchell L. Sullen, (property
owner of 200 Columbus Cir., #12-06-844) to come before the Special Magistrate
in response to the Order Imposing Fine/Lien.
Code Enforcement Officer (CEO) Howington informed that the total fines are
twenty thousand eight hundred and fifty dollars ($20,850.00). Of that total,
eleven thousand nine hundred and fifty dollars ($11,950.00) correspond to the
Trash and Debris fine and eight thousand nine hundred dollars ($8,900.00)
correspond to the Minimum Property Standards Fine.
CEO Howington explained that the Trash and Debris fine was accumulated at
fifty dollars ($50.00) per day running for a total of two hundred and thirty nine
(239) days. The Minimum Property Standards fine was accumulated at fifty
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dollars ($50.00) per day running for a total of one hundred seventy eight (178)
days.
CEO Howington indicated it is the City's position that the violations have not
come into compliance and for this reason the fines have continued to accrue.
CEO Howington explained she received a telephone call from Mr. Sullen to
request a re -inspection. Commander Cooper and CEO Howington went to
inspect the property on March 21, 2013.
CEO Howington submitted photographs into evidence. The photographs
submitted were dated May 9, 2012, January 24, 2013 and March 21, 2013. CEO
Howington pointed out that Mr. Sullen has done a lot of work on his property as
shown by the pictures.
CEO Howington pointed out that the final orders stated compliance required all
rotted wood on the house to be repaired and all debris removed. CEO
Howington explained that Mr. Sullen informed her he addressed only the items
noted on the Notice of Violation. CEO Howington pointed out that when she did
the first inspection and prepared the Notice of Violation, she was unable to see
the metal swing set in the back of the yard. CEO Howington indicated that for
the Trash and Debris violation to come into compliance, Mr. Sullen would need
to remove the swing set.
Special Magistrate stated that the final orders do say that all trash and debris
need to be removed. However, the swing set was not part of the evidence
submitted. The findings were made based on the dead tree debris and rotted
wood.
CEO Howington explained that the Minimum Property Standards violation refers
to the rotted wood. CEO Howington noted Mr. Sullen has removed some rotted
wood from a section of his house however there is still some rotted wood in
other areas, specifically in the back of the property. CEO Howington wanted to
point out that the rotted wood had been removed and not repaired. For this
reason, the Minimum Property Standards violation has not come into
compliance yet.
Respondent Mr. Mitchell Sullen indicated he has addressed items stated in the
final orders. Mr. Sullen noted that the swing set was not part of the final orders.
However, he does intend to remove the structure. Mr. Sullen explained he tried
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City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
to remove the structure before the meeting however the swing set was originally
put down with concrete and he did not have the necessary equipment to remove
it.
Mr. Sullen indicated that due to financial circumstances he has not had the
means to repair the sections of the rotted wood. For this reason, he has only
been able to remove the wood sections without repairing them. In addition, Mr.
Sullen pointed out that it was to his understanding that the final orders stated
the rotted wood should be removed and not repaired.
Special Magistrate Amy Goodblatt pointed out final orders stated all rotted
wood on the house and fence must be repaired. A copy of final orders was
provided to Mr. Sullen so he could review them.
Mr. Sullen indicated he believes the fines should be waived because he has done
a good faith effort to address all violations. Mr. Sullen noted the items he has
been unable to address are because he has not been able to afford to do so.
Special Magistrate Amy Goodblatt stated that Mr. Sullen has made an effort to
improve the property. However, The City and she have bent over backwards
giving multiple extensions in order to work with Mr. Sullen and taking into
consideration his financial situation.
Special Magistrate Amy Goodblatt indicated that the Trash and Debris violation
has been satisfied as cited in the final orders. Special Magistrate wanted to
advise Mr. Sullen that the steel structure should be removed in order to avoid
coming into violation again. Special Magistrate waived Trash and Debris fine.
Special Magistrate noted that the repair of the rotted wood has not been
completely addressed and therefore the Minimum Property Standards violation
has not been satisfied. Special Magistrate kept in place the eight thousand nine
hundred dollars ($8,900.00) fine that correspond to The Minimum Property
Standards violation. That fine will continue to run until the violation comes
completely into compliance.
Mr. Sullen indicated he understood.
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CODE ENFORCEMENT HEARING
City Commission Chambers
175 West Warren Avenue
Longwood, FL 32750
9. OLD BUSINESS:
Special Magistrate Amy Goodblatt noted Former City Attorney Richard Taylor
passed away. Special Magistrate Amy Goodblatt wanted to recognize Mr. Taylor
for his dedication and service to Code Enforcement.
10. NEW BUSINESS:
None.
11. ADJOURNMENT:
Special Magistrate Goodblatt adjourned the meeting at 8:00 pm.
Amy Good*1t, Special Magistrate
Giselle Gonzalez, Recording Secretary
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